(A) Unfit dwelling units. Any dwelling or dwelling unit may be designated as unfit for human habitation when any of the following defects or conditions are found, and when, in the judgment of the head of the Code Enforcement Agency, these defects create a hazard to the health, safety, or welfare of the occupants, or of the public:
(1) Is damaged, decayed, dilapidated, insanitary, unsafe, or vermin infested.
(2) Lacks illumination, ventilation, or required sanitary facilities.
(3) General condition of the location is insanitary, unsafe, or unhealthful.
(B) Placard. Whenever any dwelling, dwelling unit, rooming house, or rooming unit, has been designated as unfit for human habitation as provided in § 155.16(A), the Code Enforcement Agency may placard the dwelling, dwelling unit, rooming house, or rooming unit, indicating that it is unfit for human habitation.
(C) Order to vacate. Whenever a notice of violation, as provided in § 155.16(B) has not been complied with or where § 155.15 (C) has not been invoked, the City Manager may order the dwelling or dwelling unit to be vacated. A copy of the notice to vacate shall be served on the owner, agent, operator, and the occupant, as provided in § 155.14 (D).
(D) Vacation of unfit dwelling. Any dwelling, or dwelling unit, designated as unfit for human habitation pursuant to § 155.16(A) and ordered vacated as provided in § 155.16(C), shall be vacated within such reasonable time as the City Manager may specify in the order. No such dwelling or dwelling unit shall again be used for human habitation and the placard removed until written approval is secured from the City Manager.
(E) Removal of placard. No person shall deface or remove the placard from any dwelling, or dwelling unit, which has been designated as unfit for human habitation, except as provided in § 155.16(D).
(F) Vacated dwelling made secure. The owner, agent, or operator of any dwelling or dwelling unit, which has been designated as unfit for human habitation and vacated, shall make the dwelling or dwelling unit safe and secure in whatever manner the City Manager shall deem necessary. Any vacant building, open at the door and windows, if unguarded, shall be deemed dangerous to human life and a nuisance within the meaning of this provision.
(G) Notice of intent to demolish. Whenever the City Manager designates a building unfit for human habitation, as provided in this chapter, he may notify the owner, agent, operator, and occupant of his intent to order the demolition of the structure. A copy of the notice shall be served on the owner, agent, operator, and occupant as provided in § 155.14(D).
(H) Order to demolish. Whenever a notice of intent to order the demolition of the structure as provided in § 155.16(G) and whenever a notice of violation has not been complied with as provided in § 155.14(D) and whenever the cost necessary to correct the violation is not reasonably related to the value of the building the City Manager may order the building demolished in accordance with the provisions of Chapter 152 (Building Code).
(I) Agency to make repairs or demolish. Whenever a notice or order to remove a violation, secure, or vacate a building has not been complied with, and when such failure to comply is deemed by the City Manager to constitute a nuisance, he may proceed to cause the structure to be repaired, altered, secured, or vacated, or take such other action, including demolition, as is necessary to abate the nuisance. Whenever the City Manager determines that the nuisance exists, he shall record sufficient proof to support such determination, and the owner, occupant, lessee, or mortgagee shall be notified of such finding pursuant to § 155.14(D). Abatement authorized by this section shall not commence until at least 20 days after service of such notice.
(J) Expenses recoverable. The expenses incurred pursuant to §§ 155.14(G) and 155.16(I) shall be paid by the owner or occupant of the premises, or by the person who caused or maintained such nuisance or other matter. The Code Enforcement Agency shall file among its records an affidavit stating with fairness and accuracy, the items of expense and the date of execution of actions authorized by §§ 155.14 (G) and 155.16(I). The City Manager may institute a suit to recover such expenses against any person liable for such expenses or may cause such expenses to be charged against the property as a lien. Except with respect to a lien imposed for expenses incurred in demolition, nothing herein shall be construed as placing a lien upon the property which supersedes the lien of any mortgage on such property executed and recorded prior to the existence of a lien herein authorized.
(Ord. 39-1976, passed 8-16-76; Am. Ord. 06-2002, passed 4-1-02)